Although they are often portrayed as comedic in movies and on TV, unexpected falls in the real world very often lead to serious and long-lasting injuries, sometimes even ones with permanent and debilitating repercussions. On top of that, taking legal action against the owner or manager of the property where an accidental fall occurred can be uniquely complex on both legal and personal levels, especially if you try to do it without professional guidance.
Fortunately, you have assistance available from knowledgeable personal injury attorneys with over three decades of experience helping people in the Phoenix area get through cases much like yours. With a seasoned Gilbert slip and fall lawyer on your side, you will have much better chances of securing a favorable case result than you would ever likely have filing suit on your own.
When Are Landowners Liable for Accidental Falls?
Most of the time, lawsuits and settlement demands over accidental slips or trips and falls are governed by “premises liability law,” a subset of personal injury law, which assigns different “duties of care” to different types of visitors. What qualifies as a “breach of duty” leading to a slip and fall can change a lot depending on the circumstances.
Generally speaking, private landowners are expected to warn invited visitors about hazards that they already know about and are not immediately obvious to any reasonable person. Landowners who open their property to the public for commercial use are additionally expected to inspect their premises regularly so they discover unknown hazards and address them reasonably quickly after they pop up. Finally, landowners generally are not liable for accidental injuries sustained by trespassers, although there are a few notable exceptions to this rule, which a Gilbert slip and fall attorney could discuss in further detail as needed.
Recovering Fairly While Avoiding Comparative Fault
A landowner found legally liable for injuries caused by an accidental fall on their property may be financially accountable for every past and future form of harm that fall causes to the injured person, potentially including:
- Medical bills
- Lost overall quality of life
- Physical pain and discomfort
- Personal property damage or loss
- Emotional anguish and psychological suffering
- Lost working ability and/or income, including work-related benefits like health insurance
However, landowners tend to fight tenaciously after being held accountable for any action that happens on their property, and they often do so by accusing an injured person of being partially responsible for causing or worsening their injuries through their own negligence. As a slip and fall lawyer in Gilbert could explain, any finding of “comparative fault” could be held against the injured person in the form of a reduction from whatever damage award they receive from a civil court verdict.
Contact a Gilbert Slip and Fall Attorney for Assistance
Slipping or tripping and falling on someone else’s property can alter the course of your life for weeks, months, or potentially years at a time. Even if your injuries will heal completely with time and proper treatment, you may still be entitled to restitution for the financial, physical, and personal losses you suffered because a landowner failed to keep their premises in a reasonably safe condition.
A conversation with a Gilbert slip and fall lawyer could provide answers to pressing questions and confidence regarding your next steps. Call the Phillips Law Group today to schedule a meeting.
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